Arraignment

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Arraignment at the Ministries Trial, 20 December 1947

Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea; in other jurisdictions, no plea is required. Acceptable pleas vary among jurisdictions, but they generally include guilty , not guilty, and the peremptory pleas, or pleas in bar, setting out reasons why a trial cannot proceed. Pleas of nolo contendere ('no contest') and the Alford plea are allowed in some circumstances.

Contents

By country

Australia

In Australia, arraignment is the first of 11 stages in a criminal trial, and involves the clerk of the court reading out the indictment. The judge will testify during the indictment process.[ citation needed ]

Canada

In British Columbia, arraignment takes place in one of the first few court appearances by the defendant or their lawyer. The defendant is asked whether they plead guilty or not guilty to each charge. [1]

France

In France, the general rule is that one cannot remain in police custody for more than 24 hours from the time of the arrest. [2] However, police custody can last another 24 hours in specific circumstances, especially if the offence is punishable by at least one year's imprisonment, or if the investigation is deemed to require the extra time, and can last up to 96 hours in certain cases involving terrorism, drug trafficking or organised crime. [2] The police need to have the consent of the prosecutor, the procureur. In the vast majority of cases, the prosecutor will consent. [2]

Germany

In Germany, if one has been arrested and taken into custody by the police, one must be brought before a judge as soon as possible and at the latest on the day after the arrest. [3]

New Zealand

In New Zealand law, at the first appearance of the accused, they are read the charges and asked for a plea. The available pleas are: guilty, not guilty, and no plea. The response of "no plea" allows the defendant to get legal advice on the plea, which must be made on the second appearance. [4]

South Africa

In South Africa, arraignment is defined as the calling upon the accused to appear, the informing of the accused of the crime charged against them, the demanding of the accused whether they plead guilty or not guilty, and the entering of their plea.

United Kingdom

In England, Wales, and Northern Ireland, arraignment is the first of 11 stages in a criminal trial, and involves the clerk of the court reading out the indictment.

In England and Wales, the police cannot legally detain anyone for more than 24 hours without charging them unless an officer with the rank of superintendent (or above) authorises detention for a further 12 hours (i.e. 36 hours total), or a judge (who will be a magistrate) authorises detention by the police before charge for up to a maximum of 96 hours; for terrorism-related offences a person can be held by the police for up to 28 days before charge. [5] If they are not released after being charged, they should be brought before a court as soon as practicable. [5]

In Scotland, the police cannot detain anyone for more than 12 hours without charging them unless an officer of the rank of superintendent (or above) authorises detention for a further 12 hours (i.e. up to 24 hours in total); for terrorism-related offences a person can be held by the police for up to 14 days before charge. [6] If they are not released after being charged, they should be brought before a court as soon as practicable. [6]

United States

The Sixth Amendment to the United States Constitution grants criminal defendants the right to be notified of the charges against them. Under the United States' Federal Rules of Criminal Procedure, arraignment shall consist of an open reading of the indictment (and delivery of a copy) to the defendant and a call for them to plead. [7]

In federal courts, arraignment takes place in two stages. The first is called the "initial arraignment" and must take place within 48 hours of an individual's arrest, within 72 hours if the individual was arrested on the weekend and not able to go before a judge until Monday. [8] During this stage, the defendant is informed of the pending legal charges and is informed of his or her right to retain counsel. The presiding judge also decides at what amount, if any, to set bail. During the second stage, the post-indictment arraignment, the defendant is allowed to enter a plea.

In New York, a person arrested without a warrant and kept in custody must be brought before a local criminal court for arraignment "without unnecessary delay". [9] A delay of more than 24 hours is rebuttably[ clarification needed ] presumed to be unnecessary. [10]

In California, arraignments must be conducted without unnecessary delay and, in any event, within 48 hours of arrest, excluding weekends and holidays. [11] [12]

Form of the arraignment

The wording of the arraignment varies from jurisdiction to jurisdiction. [13] However, it generally conforms with the following principles:

  1. The accused person (defendant) is addressed by name;
  2. The charge against the accused person is read, including the alleged date, time, and place of offense (and sometimes the names of the state's witnesses and the range of punishment for the charge(s)); and,
  3. The accused person is asked formally how they plead.

Video arraignment

Video arraignment is the act of conducting the arraignment process using some form of videoconferencing technology. Use of video arraignment system allows the court to conduct the requisite arraignment process without the need to transport the defendant to the courtroom by using an audio-visual link between the location where the defendant is being held and the courtroom.

Use of the video arraignment process addresses the problems associated with having to transport defendants. The transportation of defendants requires time, puts additional demands on the public safety organizations to provide for the safety of the public, court personnel and for the security of the population held in detention. It also addresses the rising costs of transportation.

Guilty and not-guilty pleas

If the defendant pleads guilty, an evidentiary hearing usually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the mitigating factors, and the defendant's character, and passes sentence.

If the defendant pleads not guilty, a date is set for a preliminary hearing or a trial.

In the past, a defendant who refused to plead (or "stood mute") was subject to peine forte et dure (Law French for "strong and hard punishment"). Today, in common law jurisdictions, the court enters a plea of not guilty for a defendant who refuses to enter a plea. [14] The rationale for this is the defendant's right to silence.

Pre-trial release

This is also often the stage at which arguments for or against pre-trial release and bail may be made, depending on the alleged crime and jurisdiction.

See also

Related Research Articles

In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.

A plea bargain is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or nolo contendere. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.

In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response to a criminal charge, whether that person pleaded or pled guilty, not guilty, nolo contendere, no case to answer, or Alford plea.

<span class="mw-page-title-main">Arrest</span> Law enforcement action

An arrest is the act of apprehending and taking a person into custody, usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest.

Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.

<span class="mw-page-title-main">Acquittal</span> The legal result of a verdict of not guilty

In common law jurisdictions, an acquittal means that the prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has interfered with or intimidated a juror or witness.

A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense lists both county jail and state prison as possible punishment, for example, theft. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, in California, violating COVID-19 safety precautions.

Strauder v. West Virginia, 100 U.S. 303 (1880), was a landmark decision of the Supreme Court of the United States about racial discrimination and United States constitutional criminal procedure. Strauder was the first instance where the Supreme Court reversed a state court decision denying a defendant's motion to remove his criminal trial to federal court pursuant to Section 3 of the Civil Rights Act of 1866.

Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt.

<span class="mw-page-title-main">New York City Criminal Court</span> Court for misdemeanors, arraignments, and preliminary hearings

The Criminal Court of the City of New York is a court of the State Unified Court System in New York City that handles misdemeanors and lesser offenses, and also conducts arraignments and preliminary hearings in felony cases.

<span class="mw-page-title-main">Magistrates' court (England and Wales)</span> Lower court in the criminal legal system of England and Wales

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

<span class="mw-page-title-main">Judiciary of Israel</span> Part of the article of the series of government of Israel

The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.

An information is a formal criminal charge which begins a criminal proceeding in the courts. The information is one of the oldest common law pleadings, and is nearly as old as the better-known indictment, with which it has always coexisted.

<span class="mw-page-title-main">Pre-trial detention</span> Detention after arrest and charge until a trial

Pre-trial detention, also known as preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.

<i>Williams v The Queen</i>

Williams v The Queen was a decision handed down by the High Court of Australia on 26 August 1987, concerning the common law right to personal liberty.

Bail in Canada refers to the release of a person charged with a criminal offence prior to being tried in court or sentenced. The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the Criminal Code, which provides several ways for a person to be released prior to a court appearance. A person may be released by a peace officer or by the courts. A release by the courts is officially known as a judicial interim release. There are also a number of ways to compel a person's appearance in court without the need for an arrest and release.

Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.

The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: "In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence."

Criminal procedure in South Africa refers to the adjudication process of that country's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law.

As one of the fifty states of the United States, California follows common law criminal procedure. The principal source of law for California criminal procedure is the California Penal Code, Part 2, "Of Criminal Procedure."

References

  1. ↑ "Court Appearances Before the Trial - Province of British Columbia". www2.gov.bc.ca. Retrieved 2 October 2023.
  2. 1 2 3 "CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN FRANCE" (PDF). Fair Trials International. Archived (PDF) from the original on 9 October 2022.
  3. ↑ "CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN GERMANY" (PDF). Fair Trials International. Archived (PDF) from the original on 9 October 2022.
  4. ↑ "Facing criminal charges from How to Law".
  5. 1 2 "Criminal Proceedings and Defence Rights in England and Wales" (PDF). Fair Trials International. Archived (PDF) from the original on 9 October 2022.
  6. 1 2 "Criminal Proceedings and Defence Rights in Scotland" (PDF). Fair Trials International.
  7. ↑ Rule 10 – via Cornell Law School
  8. ↑ Samaha, Joel (2012). Criminal Procedure (8th ed.). Thomson Wadsworth. ISBN   978-0-495-91335-1.
  9. ↑ NYS Criminal Procedure Law § 140.20(1).
  10. ↑ People ex rel. Maxian on Behalf of Roundtree v. Brown, 77 N.Y.2d 422, 570 N.E.2d 223 (1991).
  11. ↑ County of Riverside v. McLaughlin, 500 U.S. 44 (1991)
  12. ↑ "Los Angeles Criminal Court Arraignments | Spolin Law P.C." spolinlaw.com. 16 August 2016. Retrieved 3 December 2016.
  13. ↑ In some jurisdictions the wording of the arraignment is set by statute or court practice direction.
  14. ↑ In Queensland, Australia, this matter is covered by statute. See s601 of the Queensland Criminal Code.
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